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H. Rept. 119-420 1 (2025-12-30)

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INFORMATION 4













                     119TH CONGRESS                                          REPORT
                        1st Session  j HOUSE   OF  REPRESENTATIVES           119-420






                                 TIPPED   EMPLOYEE PROTECTION ACT



                     DECEMBER 30, 2025.-Committed to the Committee of the Whole House on the State
                                       of the Union and ordered to be printed



                      Mr. WALBERG,   from  the Committee  on  Education  and Workforce,
                                           submitted  the following


                                              REPORT

                                                together with

                                             MINORITY VIEWS

                                             [To accompany H.R. 2312]

                       The  Committee   on Education   and Workforce,  to  whom   was  re-
                     ferred the bill (H.R. 2312) to amend  the Fair Labor  Standards  Act
                     of 1938 to revise the definition of the term tipped employee,  and
                     for other purposes, having  considered  the same,  reports favorably
                     thereon  with  an  amendment and recommends that the bill as
                     amended  do pass.
                       The amendment is   as follows:
                       Strike all after the enacting clause and insert the following:
                     SECTION 1. SHORT TITLE.
                     This Act may be cited as the Tipped Employee Protection Act.
                     SEC. 2. TIPPED EMPLOYEES.
                     Section 3(t) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(t)) is amend-
                     ed-
                          (1) by striking (t) and inserting (t)(1);
                          (2) by striking engaged in an occupation in which he customarily and regu-
                        larly receives more than $30 a month in tips. and inserting , without regard
                        to the duties of the employee, who receives tips and other cash wages for a work
                        period described in paragraph (2) at a rate that, when combined with the cash
                        wage required under subsection (m)(2)(A)(i), is not less than the wage in effect
                        under section 6(a)(1).; and
                          (3) by adding at the end the following:
                      (2) A work period described in this paragraph is a work period that is determined
                      by the employer of the employee, such as a work period of 1 day, 1 week, every 2
                      weeks, every 28 days, or every pay period..


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